LINCOLN V. IRON COMPANY, 103 U. S. 412 (1880)

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U.S. Supreme Court

Lincoln v. Iron Company, 103 U.S. 412 (1880)

Lincoln v. Iron Company

103 U.S. 412


1. Where a municipal corporation, being thereunto authorized upon the performance of certain prerequisites, has issued its bonds, which get into circulation as commercial securities, held that they are prima facie binding on the corporation according to the terms and conditions expressed on their face, and that, in an action on them, or the coupons thereto attached, the plaintiff need not aver such performance.

2. Want of such performance, when in any case available to defeat a recovery, must be set up by the corporation.

3. A verdict cures a defective statement of a title or cause of action.

4. A verdict in assumpsit, the plea being non assumpsit, "that the defendant is guilty in manner and form as alleged in the declaration," is amendable, and judgment may be rendered thereon for the damages thereby assessed.

This was an action brought by the Cambria Iron Company against the Township of Lincoln, a body corporate and politic, in the County of Berrien, created under the laws of Michigan. Judgment was rendered for the plaintiff, and the township sued out this writ of error.

The facts are fully stated in the opinion of the Court.


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